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Sindhu Constructions, rep. by its Managing Partner v. The Government of a.P., Rep. by its Principal Secretary

Telangana HC2 Feb 2012WP/8700/2010

Case brief

AI extract

What is this about?

Justice Ashutosh Mohanta disposed of W.P.No.8700 of 2010 in identical terms to the common order in W.P.No.11269 of 2009. The court directed respondents to include 1% Labour Cess in work estimates under specific conditions and prohibited deduction of cess amounts not included in such estimates. An interim petition was declared infructuous.

What did the court decide?

Respondents directed to include 1% cess in estimates for specific works engaged for 12 months or more with 10+ workers; no deduction of cess unless included in estimates.

Sindhu Constructions, rep. by its Managing… — Labour and Industrial Disputes | Telangana HC (2012)

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THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA

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W.P.No.8700 of 2010

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Date of Order: 02-02-2012

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Between: Sindhu Constructions

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..Petitioner and

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1. The Govt. Of A.P. rep.by its Principal Secretary, Finance & Planning Department, Secretariat, Hyderabad and others

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..Respondents

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The Court made the following Order:

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THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA

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W.P.No.8700 of 2010

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Oral order:

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The petitioner prays that a direction be issued to the respondents to include 1% towards Labour Cess in all the works entrusted to the petitioner and for all the payments made after 26-06-2007 as per Clause (i) of U.O.No.4763/PFS/F8/98-4, Finance (Works & Projects) Department, dated 28-02-2008.

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Learned counsel for the petitioner submits that the subject matter of this writ petition is squarely covered by a common order passed by this court in W.P.No.11269 of 2009 and batch, dated 22-10-2009.

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Learned Assistant Government Pleader for Irrigation, however, submits that since large number of cases are already pending in this Court and at most, only interim order may be passed and cases may not be disposed of in terms of W.P.No.11269 of 2009 and batch.

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Heard the learned counsel at length.

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The question which came up for consideration in W.P.No.11269 of 2009 and batch and the present writ petition is absolutely one and the same. Hence, no purpose would be served by passing interim order now and thereafter disposing of the cases in terms of decision rendered in W.P.No.11269 of 2009 and batch.

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In view of the above, this writ petition is disposed of in the same terms as in W.P.No.11269 of 2009 and batch with the following directions:

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(a) the respondents shall included 1% cess in the estimates for the works which they propose to undertake, if the work continues for or beyond twelve months and involves engagement of 10 workers or more; and

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(b) the respondents shall not deduct any amount towards cess, unless the corresponding amount is included in the estimates.

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There shall be no order as to costs.

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As a sequel to disposal of the writ petition, WPMP No.11193 of 2010 filed by the petitioner for interim relief is disposed of as infructuous.

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___________________ ASHUTOSH MOHUNTA, J.

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02-02-2012 Murthy

Sindhu Constructions, rep. by its Managing Partner v. The Government of a.P., Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

Sindhu Constructions, rep. by its Managing Partner v. The Government of a.P., Rep. by its Principal Secretary

Case brief

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What the court decided

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